Bankruptcy Court - Does Getting Bankrupt Stop An Eviction Action Or A Foreclosure?

Bankruptcy court is a special court that handles all types of bankruptcy cases. You can file your petition regarding such cases in this type of a court. These courts have specially been established for this very purpose. It has the final authority with regard to the judgment related to your case. The court looks into several factors and come to a decision that is not very hard for the debtor. At the same time, the creditors also get their money back. However, there are several factors that you need to know while you are planning to avail bankruptcy help. For example, you must know whether getting declared as insolvent will stop an eviction action or foreclosure. Always remember, when it comes to making the best use of your case, education is the key. You have to be well informed.

Does Getting Bankrupt Will Stop An Eviction Action?

If you are filing your petition with the intention to stop the eviction action, the bankruptcy court will consider it a fraudulent act - an abuse of chapter 7. However, if it was not your intention and your filing was genuine, there are chances that it will indeed stop the eviction action. However, it is imperative that you know that such things will only delay the inevitable. If you are the owner of the property, you are entitled to possession of your property. Till the time you get your discharge from insolvency, you can be allowed to remain in the property. On the other hand, if you are found guilty of the abuse of chapter 7, filing bankruptcy will only put you into a much deeper problem, as the court will impose other legal and monetary sanctions on you. You must know at this point that after the inclusion of the new laws, almost no loopholes are left. If you try some fraudulent act, you are quite likely to pay heavily for the same. So, you are recommended to play it safe. Be genuine.

Does Getting Bankrupt Stop A Foreclosure?

In normal circumstances, then the answer is yes. Once the bankruptcy court imposes the automatic stay, it is likely to stop a foreclosure. However, since the properties are usually secured by a deed of trust, the mortgage company retains the option to apply and the court may grant them relief from the legal stay. However, there are several factors in this regard that are taken into consideration. In usual cases, as per the new bankruptcy laws, in order to keep the home that is in foreclosure, it is mandatory for you to make a deal with the note holder.

Very few people know that filing a petition will also stop a wage attachment. What is more, it is also important for you to understand the automatic stay imposed by the bankruptcy court will also stop most of the civil judgments. This legal stay remains in place during the complete proceedings of your case.

Bankruptcy court gives its judgment on your case keeping in view a large number of factors. However, you have to be well informed regarding several aspects regarding the new bankruptcy laws before you file your petition. For example, you must know whether filing bankruptcy will stop an eviction case or a foreclosure.

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